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(영문) 수원지방법원 2017.10.19 2017고합296
강도상해등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From May 8, 2017, around 23:50 on May 23:50, 2017, the robbery Defendant arrived in front of the G apartment of the same Gu, which is the purpose of the victim E, by boarding the Frando taxi operated by the victim E as a passenger, from the Guro-gu on May 8, 2017, and was demanded by the victim to pay KRW 3,000 of the taxi fee, and the victim himself herself “picked.”

“The victim’s rear timber was cut back and sold twice the victim’s face by drinking, and the victim was unable to resist the victim’s face from the taxi to the ground by cutting down the victim’s scam and scam, etc. out of the taxi, and then exempted the victim from payment of KRW 300,000 of the taxi fee by driving the above taxi, and took the victim’s above vehicle over the amount of KRW 26,00,000 at the market price.

2. Around 00:20 on May 9, 2017, the Defendant driven a motor vehicle under the influence of alcohol leveling 0.192% of alcohol level from the 4km section from the front of the G apartment on the road of the above G apartment to the underground vehicular road (168, Seowon-si, Suwon-si, Suwon-si, which was under the influence of alcohol leveling 0.192%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Photographs of damaged vehicle, case-related photographs, and investigation report (verification of black stuffs);

1. Blue stuffing images and CCTV images;

1. Application of Acts and subordinate statutes to a report on the situation of driving under drinking, a record on the results of drinking, and a report on the detection of drivers;

1. Relevant legal provisions and the choice of punishment for a crime: Article 33 (Robbery) of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of drinking and the choice of imprisonment with prison labor);

1. Aggravation of concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the above two crimes);

1. Reduction: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62(1) of the Criminal Act (The following sentencing is specified in Article 51 of the Criminal Act.

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